DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUJR
Docket No: 8752-09
16 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 June 2010. The names and votes of the members
of the panel will be furnished upon request. Your allegations
o£ error and injustice were reviewed in accordance with
administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Marine Corps on 21 February 1987 after
nearly three years of prior service. About a year and eight |
months later, on 25 October 1988, you received nonjudicial
punishment (NIP) for absence from your appointed place of duty
and wrongful use of amphetamines/methamphetamines. The
punishment imposed was reduction to paygrade E-4, restriction and
extra duty for 30 days, and a $1,000 forfeiture of pay. Less
than nine months later, on 20 July 1989, you received NUP for six
periods of absence from your appointed place of duty and
disobedience. The punishment imposed was reduction to paygrade
E-3 and a $250 forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you waived your right to
present your case to an administrative discharge board (ADB).
Your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
The discharge authority directed your commanding officer to issue
you an other than honorable discharge by reason of misconduct,
and on 4 August 1989, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior service, post service conduct, and desire to upgrade
your discharge. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in two NUPs and included drug abuse.
Further, you were given an opportunity to defend yourself and
possibly receive a better characterization of service, but waived
your procedural right to an ADB. Finally, no discharge is
automatically upgraded due solely to the passage of time or an
individual's good post service conduct. Accordingly, your
application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEAF
Executive Dite r
NAVY | BCNR | CY2009 | 01779-09
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